ML20155D157

Requests That Proprietary WCAP-11929, Safety Evaluation: Zirconium Base Advanced Cladding Matls Usage in North Anna Unit 1 Demonstration Fuel Assemblies, Be Withheld,Per 10CFR2.790(b)(4)

ML20155D157
Person / Time
Site:	North Anna
Issue date:	08/12/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19297H060	List: ML20155D153 ML20155D157 ML20155D168
References
CAW-88-083, CAW-88-83, NUDOCS 8810110103
Download: ML20155D157 (11)

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G Westinghouse PowerSystems 3

!!'3y g ,.nou3a m Electric Corporation Airpst 12, 1988 l CAW-88-083 l ,Dr. Thcznas Wrley, Director Office of Nuclear bactor atien U.S. Nuclear Regulatory * ==icn Washington, DC 20555 l APPLICATICH IM hTDOCIDDC PICIRIEIARY DnmMATICH 7KE WBilc DISma'PI  !

Subject:

WCAP-11929, "Safety Draluation - Zirocnitun Base Advance:1 Clasiling Materials Usage in North Anna Lhit 1 Demonstration i Fual Assemblies" (Proprietary) i

Dear Dr. E rley:

4 The prtprietary inforination for which withholding is being requestad in the enclosed letter by Virginia Electric and Power Cx:mpany is further identified in an affidavit signed by the owner of the prtprietary -

information, Westinghouse Electric ctrporation. The affidavit, which Wales this letter, eats forth the basis on which the infernation may l be withhald tras public disclosuru by the ccanission and adiresses with  ;

specificity the considerations listed in paragraph (b) (4) of locyk Secticn '

2.790 of the ocassission's regulaticns. -

The prtprietary material for which withholding is being required is of the [

same technical type as that proprietary material previously sutaitted as Affidavit A4 76-021. I Accorttingly, this letter authorizes the utilization of the mmmying  ;

affidavit by Virginia Electric and Power cbepany.

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cm+4ccc.e with respect to the prtprietary aspects of the applicaticn L for withholding or the Westinghouse affidavit should referunos this lettar, l CAW-88-083, and shculd be ackirwaned to the undersig-cd.

Very y ycurs,  ;

SYtYL lL h a4Ltu L R2 art A. Wiamarunn, Manager

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Regulatory & I*;islative Affairs t

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Incicoures ~I l

ocs E.C. Shanakar, Esq.  !

office of the General Counsel, NPC l r

0110103 880930 FDR ADOCK 0500033G P PDC .

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• O AW-76-21 AFFIDAVIT i

. i C0FF.0tNEALTH OF PENNSYLVANI A:

ss COUNTY OF Alt.EGHENY:

Befort me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf ofWestinghouseElectricCorporation("Westinghouse")andthattheaver-nents of fact set forth in this Affidavit are true and correct to the best of his knonledge, information, and belief:

kt Oichtl17 Hb Rotiert A. Wiesemann Manager 1 Licensing Programs Sworn to and subscribed before se this // day of we@ 197ti.

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MJfr,v I .m(.~ aic .

,l Notary Public l- ' e s. . ,,

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-2 AW 76 21 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such.

I have been specifically delegated the function of reviewing the pioprietary information sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformince with the provisions of 10 CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized

( by Westinghouse Nuclear Energy Systems in designating information

,as a trade' secret, privileged or as confidential comercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations. the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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l AW 76-21  !

(11) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential com-petitive advantage, as follows:

, (a) 'he T information reveals the distinguishing aspects of a process (or component, structure, tool method etc.)

where prevention of its use by any of Westinghouse's competitors without license from Westinghouro consti-tutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or comp,$nent, structure, tool, method,etc.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimitation or improved marketability.

4- AW-76-21 (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production cap.

acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers. <

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential concercial value to Westinghousa.

(f) It contains patentable ideas, for which patent pro-tection may be desirable.

(g) It is not the property of Westinghouse, but Tust be treated as proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons behind the Westinghouse system which incluce the following:

.(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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3 (b) It is information which is marketable in many ways.

.The extent to which such information is available to i competitors diminishes the Westinghouse ability to sell products and services involving the use of the l

information.

l (c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure

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j of resources at our expense.

! (d) Each comporent of proprietary information pertinent

) to a particular coepetitive advantage is potentially as valuable as the total competitive advantage, If l

competitors acquire corrponents of proprietary infor-nation, any one component m4y be the key to the entire i puzzle, thereby de, riving Westinghouse of a co'rpetitive advantage,

. (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in th6 world earket.

l and thereby give a market advantage to the competition l in those countries.

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'(f) The Westinghouse capacity to invest corperate assets

] in research and development depends upon the success in obtsining and maintaining a competitive advantage, i

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(iii) The infonnttien is being transmitted to the Ccmission in confidence and under the provisions of 10 CFR Section 2.790.

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it is' to be received in confidence by the Comission. l t

i (iv) The information is not available in public sources to the

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best of our knowledge and belief.  !

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(v) The proprietary information sought to be withheld in this j submittal is that which is appropriately marked in the at-  !

tachment to Westinghouse letter number NS CE ,1100. Eiche1dinger [

to Vassallo, dated June 11. 1976, concerning THINC !!/THINC IV 1 code comparisons. The letter and attachment are being sub- r mitted in response to the NRC request at the May 28, 1976 NRC/ Westinghouse meetin). L i

, This information enables Westinghouse to:

l (a) Justify the Westinghouse design correlations, f i

t (b) Assist its customers to obtain licenses.

(c) Obtain preliminary design approvels. li

-(d) Meet warranties.

(e) Provide greater flexibility to customers assuring them  !

of safe and reliable operation.

(F) Reduce plant and fuel costs.

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. i AW 76 21 l (g) Optimize performance while mainta.ning high level of f

, fuel integrity. l j

Further, the infomation gained from the THINC IV develt,pment  !

program is of comercial value and is sold for considerable (

sums of money as follows:

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(t ) Westinghouse sells the use of this information to f

foreign Itcensees.

(b) Westinghouse uses the information to perform and j justify analyses which are sold to customers. l t

(c) Westinghouse sells testing services based upon the  !

experience gained and the test equipment and methods j developed.

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Pubite disclosure of this infomation concerning THINC !..'

l THINC lY code compa:isons is likely to cause substantial j harm to the competitive position of Westinghouse because l competitors could uttitze this information to assess and  !

justify their own designs without comensurate expense. l The comparisons performed and their evaluation represent a considerable amount of highly qualified development effort.  ;

This work was contingent upon a THINC IV development program {

which has been underway during the past six years. Altogether. l a substantial amount of money and effort has been expended l

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, . i by Westinghouse which could only be duplicated by a com-petitor if he were to invest similar sums of money and provided he had the appropriate talent available.

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Further the deponent sayeth not.

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i PROPRIETARY INFORMATION WOTICE

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k TRANSMITTED HDDiITH ARE PROPRETARY AND/OR NON-PDOPRIET ,

DOCUMENTS FURNISHD TO THE NRC IN CONNECTION W PLAh7 SPECIFIC REVIEW AND APPROVAL. l i

IN CEER 70 CONTORM 10 THE REQUREMENTS & 10CFR2 790 W THE REDULATIONS CONCDNING THE PROTECTION OF PROPRIETARY IN TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY CONTAIND WITHIN BRACXETS AND WHERE THE PROPRETARY INFORMA *

. DELEID IN THE NON-PROPRIETARY VDSIONS GLY THE BRACKETS RDEIN, THE -

INFORMATION THAT WAS CONTAING WITHIN THE BRACXETS IN T HAV3G BEEN DI2.ETED. THE JUSTIFICATION FOR Q. AIMING 1HE INFO

( DESIDNATTD AS PROPRIETARY IS INDICATD IN BOTH VERSIONS B LEITERS (a) THROUGH (g) CONTAINED WITHIN PARE 7HESES LOCATED AS A WPER IM.DIATILT FOLLWING THE BRACXITS DiCI,05IE EACH ITDi 0F INFORMATION BEING DENTIFIID AS PROPRIETARY OR IN THE MARGIN OPPOSITE THESE SUCH INFOR LWER CASE LETTERS REFER 70 THE TYPES & INFORMATION WESTINGHOUSE CUS70 HOLIS IN CONFIDENCE DEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(11)(g) 0F THE

AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PUR3fAh71010CFR2 79 1

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a ATTACHMENT 3 WCAP-11930 (NON-PROPRIETARY)

SAFETY EVALUATION ZIRCONIUM BASE ADVANCED CLADDING MATERIALS USAGE IN NORTH ANNA UNIT 1 DEMONSTRATION FUEL AS3EMBLIES